Haney alleges CMI and the RTC breached provisions in two agreements (the "1991 Agreement" and the "1992 Agreement") requiring the RTC to provide Haney with copies of various reports related to the Meadows, including surveys, soil and drainage reports, boundary and topographical drawings, and other technical data. This case arises out of a failed real estate transaction in which Haney contracted to purchase a masterplanned development community known as "the Meadows" from CMI and the RTC as receiver of Lincoln Savings and Loan Association, F.A. I agree.įor the reasons set forth below, I grant the United States' Motion to Dismiss Haney's Fourth Claim for Relief. The United States contends this claim must be dismissed for lack of subject matter jurisdiction because it arises in contract, not in tort, or alternatively, because it is barred by the FTCA's misrepresentation exception. At issue in the present motion is Haney's negligence claim against the United States under the Federal Tort Claims Act (FTCA). Three earlier motions to dismiss were the subject of a written order dated November 30, 1993. (CMI), the Resolution Trust Corporation (RTC) in its corporate capacity and as receiver for the failed Lincoln Savings and Loan Association, and the United States.
#Claim an abandoned castle series
12(b) (1) motion is another in a series seeking the dismissal of various claims filed by plaintiff Franklin Haney in his suit against Castle Meadows, Inc. MEMORANDUM OPINION AND ORDER GRANTING UNITED STATES' MOTION TO DISMISS NEGLIGENCE CLAIM FOR LACK OF SUBJECT MATTER JURISDICTION of Justice, Washington, DC and Richard C. Hopfenbeck, Powers, Phillips, P.C., Denver, CO, for defendants Castle Meadows, Inc. Bernstein, Tana Simard, Kutak Rock, and Ann E. Gill, Brownstein Hyatt Farber & Strickland, P.C., Denver, CO, for plaintiff. Haney Company, a sole proprietorship, Plaintiff,ĬASTLE MEADOWS, INC., a California corporation, Resolution Trust Corporation in its capacity as receiver for Lincoln Savings and Loan Association, F.A., and the United States of America, Defendants.
HANEY, an individual, d/b/a The Franklin L.
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